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HomeMy WebLinkAbout1990-03-26 - City Commission Special Meeting MinutesCITY OF TAMARAC CITY COUNCIL SPECIAL MEETING MONDAY, MARCH 26, 1990 CALL TO ORDER: Mayor Abramowitz called this meeting to order ori'Monday, March 26, 1990 at 10:30 A.M. in Conference Room #1 (City Clerk's Office). PRESENT: Mayor Norman Abramowitz Vice Mayor Bruce Hoffman Councilman Dr. H. Larry Bender Councilman Henry Rohr Conuncilman Henry C. Schumann ALSO PRESENT: John P. Kelly, City Manager Alan F. Ruf, Interim City Attorney Mike Couzzo, Director of Public Works/Parks and Recreation Pauline Walaszek, Secretary 1. MOTION TO ADOPT Temp. Reso: #5746 authorizing the appropriate_CA officials to execute an agreement with Broward County relating to issuance of building permits prior to plat approval for the Tamarac Multi -Purpose Building. YNOPSIS OF ACTION: RESOLUTION R-90-85 - PASSED APPROVED. Interim City Attorney Ruf read Temp. Reso. #5746 by title. C/M Rohr MOVED to APPROVE Temp. Reso. #5746 , SECONDED by * C/M Schumann. City Manager Kelly asked if Interim City Attorney Ruf read "while plat recordation" and Interim City Attorney Ruf said the plat was approved by the County; therefore, the City was only waiting for its recording. Interim City Attorney Ruf said this was an Agreement that the City entered into between the approval of the plat by the County and the time it was ultimately recorded. He said the City had an 18 month period with a 6 month extension; therefore, there was plenty of time to record the plat. City Manager Kelly said prior to the building beginning there was an exchange of land; however, the land exchanged to the City was not properly recorded because the City was working with the property owner to the south, John Loeffler, concerning the ingress/egress. He said this matter was resolved; however, the City was not totally satisfied. City Manager Kelly said Mr. Loeffler objected to the ingress/egress on his property being shared with the City. He said Mr. Loeffler protested to this and took the matter to the County. He said the City felt that they could resolve this matter and, after meeting with Mr. Loeffler and Henry Cook from the County, there seemed to be a resolution that would have saved the City money and made Mr. Loeffler happy; Page 1 3/26/90-pw however, the plans were not accepted by the Department of Transportation. He said the ingress was moved further to the north which impacted the project with the tennis courts and the egress was continued through Mr. Loeffler's property. He said the project would cost more money because of the new ingress and it would affect the tennis courts. City Manager Kelly said this was the only plan available and the City needed the Agreement to pursue this matter prior to plat approval. He thanked Commissioner Hart for assisting the City in this matter. He recommended approval of this Agreement. Mayor Abramowitz asked if the City could make a change in the egress and City Manager Kelly replied, no. City Manager Relly said the property had a median strip that was designed to allow the flow of traffic in and out of the shopping center.,, V/M Hoffman said he understood Mr. Loeffler's principal objection was that using his area as ingress would allow people to park in his parking lot for the facility. He said Mr. Loeffler had concerns about having enough parking because during this time, the idea of eliminating the existing tennis courts had been thought of. V/M Hoffman said Mr. Loeffler was aware that there would be suff:.cient parki:ing� and the ingress would not o through his property; therefore, the residents would not park on his property. City Manager Kelly said Mr. Loeffler was not satisfied with the parking arrangement and the fact that the City had an agreement with the school regarding parking. At this time, City Manager Kelly indicated where the ingress/egress would be in the area by drawing it on the sketch board in the Conference Room. City Manager Kelly said when the County reviewed the plans,, they asked that the ingress be put in a specific place; however, the egress was a concern. Mayor Abramowitz asked if the area could be constructed to not allow the people to go anywhere near the other site. City Manager Kelly said the people would only be able to make a right turn to get out of the property; however, this interfered with the people coming into the site. Mayor Abramowitz said he would like the engineers to review this matter to see if something could be designed to minlmite the potential problem. V/M Hoffman said this concern had nothing to do with this agreement and City Manager Kelly agreed. C/M Bender asked where the median cut would be and City Manager Kelly said further to the south. iil*Y44 ALL VOTED AYE 3. DISCUSSION AND POSSIBLE ACTION on proposed foi"itreet lightimgand sidewalks. SYNOPSIS OF ACTION: IDigk&ED staff to submit further information. bond issues Mayor Abramowitz said for several years, he has been receiving a lot of complaints concerning the street light and sidewalk problems in the City. He said the City was hoping that the 1,1% Sales Tax increase would be approved; however, it was not. lie said he would like the City Manager to bring a study of the costs and locations of street lighting and sidewalks needed. He said he would like sidewalks placed on main thoroughfares. Mayor Abramowitz said he was informed approximately 1-1/2 years ago by the Engineering Department that it would take approximately 25 years to implement a complete program. j LJ 1 1-1 Page 2 3/26/90-pw Mayor Abramowitz said he would like the City Manager to provide a study which should include the cost, the areas in need, how the money could be obtained and how much it would cost the taxpayer monthly. City Manager Kelly said there would be a follow up workshop with the City Council concerning the findings in the study. C/M Rohr suggested that the City increase the lumins in the existing lighting and V/M Hoffman said this would be part of the program. Mayor Abramowitz said he felt the City needed improvement in street lighting. C/M Bender had concerns regarding the size of the poles, etc. He said in order to increase the lumins, the pools had to be raised. Mayor Abramowitz said the City Council and staff heard that sidewalks were promised during the election. He said this was not going to continue and he felt sidewalks were needed on the main thoroughfares. He said the Code presently stated that new developments in the City would provide their own sidewalks. He said he would like the City to provide the sidewalks for those areas that needed it and have the developers who intend to build in the area repay the City. v/M Hoffman asked if it was possible to charge the owners of the adjacent property for the sidewalks that needed to be installed at this time. He said in the north, there were assessments made against the property which was improved. He said putting sidewalks in an area was an improvement, even though the property may be developed. He asked if the City could have the existing developments pay for sidewalks. City Manager Kelly said this matter would be reviewed. Mayor Abramowitz said the City needed sidewalks and street lighting and this matter should not be delayed. The City Council DIRECTED the City Manager to submit reports on the need, cost and recommendation for sidewalks and street lighting in the City. 2. DISCUSSION AND POSSIBLE ACTION on compensation for the Interim City"Attorney.W SYNOPSIS OF ACTION: AUTHORIZED the Finance Department to compensate Alan F. Ruf from 1/23/90 to 3/26/90 at $100.00 per hour and continue this relationship at $100.00 per hour with Mr. Ruf as Interim City Attorney until the City Council decides on the City Attorney position. City Manager Kelly said the City Council should have two memorandums; one from Alan F. Ruf to Mayor Abramowitz and the other from his Office supporting the letter sent to Mayor Abramowitz. City Manager Kelly said the City Council was being asked to approve the billing rate at $100.00 per hour. He said the City Council's authorization was needed to provide Interim City Attorney Ruf payment January 23, 1990 to March 15, 1990. Mayor Abramowitz asked if the City Council approved the payment to Interim City Attorney Ruf at a previous City Council meeting. Interim City Attorney Ruf said the rate of $100.00 an hour was approved by the City Council for his work as a consulting attorney; however, he did not believe that his compensation was finalized. Page 3 3/26/90--pw Mayor Abramowitz said Interim City Attorney Ruf identified the City Attorney Budget in his memorandum to Mayor Abramowitz. He said there would be a savings by continuing the services of ! Interim City Attorney Ruf. He said the City Attorney's Office would only have one secretary as opposed to two. He said there would be a savings in FICA of approximately $4,000.00, $1,500.00 for Pension Contributions, $5,000.00 in deferred compensation, no benefit options, no automobile allowance, meetings and seminars, dues and membership and educationajl expenses totalled $23,240.00 for the balance of this year. City Manager Kelly said he reviewed the proposal by Interim City Attorney Ruf and he figured that there were approximate y 28 weeks remaining in this year. He said at a rate of $100.4 per hour for 4 hours per day, 4 days a week, the cost would be $1,600.00, which was a total of $43,200.00. He said this cost minus the savings would provide a net cost of $19,960.00 for the balance of the fiscal year. City Manager Kelly said he felt the City was well served y Interim City Attorney Ruf because of his intimate knowledge f the City's operation and his working relationship with the Department Heads. He said Interim City Attorney Ruf was able to process matters without a lengthy review, which was needed by a new attorney. City Manager Kelly said until the Charter recommendations were reviewed, which contained a recommendation regarding an In- house City Attorney, he suggested the City Council continue the services of interim City Attorney Ruf. He said there were several applications for the City Attorney position; howevet, some people have held back in making application to the City j for the position because they were waiting to see what the City Council was going to do. He suggested Interim City Attorney Ruf continue in this position until the City Council made a final, determination concerning the City Attorney position. C/M Rohr asked if the in-house work was being accomplished by having and interim City Attorney and City Manager Kelly sad he was very satisfied with the services. City Manager Kelly said because Interim City Attorney Ruf wOs familiar with the City's business, research was not needed for certain matters. He said Interim City Attorney Ruf had a lot of experience the City could rely on. City Manager Kelly said Interim City Attorney Ruf was now serving the City and negotiations for next Fiscal Year were beginning. He said the negotiations could be done while Interim City Attorney Ruf was serving the City on an interim basis. City Manager Kelly said having Interim City Attorney Ruf In- house at this time was beneficial because it would assist the City in getting the work done. He said the Department Heads were asked to schedule their days to coincide with Interim City Attorney Ruf to avoid additional costs. He said interim City Attorney Ruf would be working Monday through Thursday from 8:00 A.M. to 12:00 P.M. Mayor Abramowitz said he was very uncomfortable in not having a full-time Attorney because he felt secure having an in --house Attorney. He said he wanted a legal opinion on his actions; however, there were a few things that made him change his mind. He said one thing was a close association with the City Manager and a report that everything was being done in the Departments. He said Interim City Attorney Ruf has served os the City's consulting Attorney during Union negotiations, which was costly and timely. He said Interim City Attorney, Ruf would be able to do the Union work while he was acting Os Interim City Attorney. V/M Hoffman asked if the City Council would be setting compensation for Interim City Attorney Ruf while he was acting in this position. Ll 1 1 Page 4 3/26/90-pw v/M Hoffman asked if the relationship with Interim City Attorney Ruf would cease if the City Council decided to hire and in-house Attorney and City Manager Kelly agreed. C/M Rohr said he was comfortable with the City Council having the ability to decide who should be City Attorney until a decision regarding the position was made. He said this gave the City Administration more latitude and he hoped this would be resolved in the future. * V/M Hoffman MOVED to APPROVE the compensation for Interim * City Attorney Ruf at $100.00 per hour and DIRECT the Finance * Director to pay Interim City Attorney Ruf what was due from January 23, 1990 until such time he was no longer acting as Interim City Attorney. Mayor Abramowitz said he would like the Motion to include what was now due to interim City Attorney Ruf and V/M Hoffman said there should be two Motions made. * V/M Hoffman AMENDED his Motion to APPROVE the payment of * $100.00 per hour to Interim City Attorney Ruf for the time * spent from January 23, 1990 until March 26, 1990, SECONDED * by C/M Rohr. VOTE: ALL VOTED AYE * V/M Hoffman MOVED to APPROVE compensating interim City * Attorney Ruf at $100.00 per hour from March 27, 1990 until * the City Council decides on the in-house City Attorney * position, SECONDED by C/M Rohr. VOTE: ALL VOTED AYE City Manager Kelly asked if Interim City Attorney Ruf would provide the City with his associates to represent the City during the time the City Council and Interim City Attorney Ruf took their vacations. Interim City Attorney Ruf agreed. AGENDIZED BY CONSENT 4. DISCUSSION AND POSSIBLE ACTION concerning the need for five '(5) tennis courts at the Tamarac Sports Complex (TRACT 27). SYNOPSIS OF ACTION: DIRECTED the City Manager to Agendize this item for the March 28, 1990 City Council Regular Meeting. Mayor Abramowitz said during the past two years, there has been a lot of discussion and complaints concerning the City providing more tennis courts for the residents. He said because of the action taken by Broward County, it became necessary to eliminate the existing tennis courts at Tamarac Park. Mayor Abramowitz said the Parks and Recreation Department submitted a study regarding the installation of 5 tennis courts at The Tamarac Sports Complex (Tract 27). He asked the City Council to direct the Parks and Recreation Department to go out to bid on 5 tennis courts at The Tamarac Sports Complex for the residents. V/M Hoffman asked if the City Council could give this direction without a formal resolution. Mayor Abramowitz said he needed a sense of direction from the City Council concerning this matter. Page 5 3/26/90-pw V/M Hoffman said as Liaison to the Parks and Recreation j Board, he felt the tennis courts were needed for a long time and he would approve it. He asked City Manager Kelly to put this Item on the March 28, 1990 City Council Agenda. Mayor Abramowitz said the City was informed that the existing tennis courts could remain at Tamarac Park until the Multi - Purpose Complex was completed; however, the matter concerning the County and the adjacent property owner would not allow this. Mayor Abramowitz said the tennis courts were needed for everyone in the City and he suggested the City Manager contact the various communities and ask if they would allow people to play tennis on their courts at the communities discretion. V/M Hoffman asked how long it would take to install thel5 tennis courts and Mike Couzzo, Director of Public Works/Parks and Recreation, said it would take approximately 6 months. V/M Hoffman asked if lights would be provided on some ccurts and Mayor Abramowitz said the specifications would be submitted to the City Council when available. Mayor Abramowitz said he would like the City to contact the areas that have tennis courts that were not being used to soe if the residents could use the unoccupied courts until the tennis courts at The Tamarac Sports Complex were ready. He said he wanted the residents to get what they have been promised for several years. C/M Bender suggested that the City investigate the ability for the residents to use the private courts that were not being used. Mayor Abramowitz said if 5 tennis courts were provided, it would be three additional tennis courts than what the residents previously had. C/M Rohr asked if the communities allowing the residents �c use the tennis courts would be liable for any mishappeninis and interim City Attorney Ruf said the attorney for a community would ask for a Hold Harmless Agreement. --------------------------------------------------- V/M Hoffman said he asked that a few Ordinances be drafted for the City Council and he asked if the Ordinances for parking on grass and feeding of cats were being drafted. Interim City Attorney Ruf said the City Council indicated that they would be calling a Workshop meeting concerning on Ordinance for parking on grass. V/M Hoffman asked if a Workshop meeting on this ordinancte could be called and Mayor Abramowitz replied, yes. Interim City Attorney Ruf said he has not drafted on Ordinance concerning the feeding of cats; however, if the City Council wanted this done, he would have it created. V/M Hoffman said the City Council discussed an Ordinance for the feeding of cats at a previous Special Meeting and Interim City Attorney Ruf said he did not believe there was a concensus by the City Council supporting this Ordinance. V/M Hoffman said he felt that both of these Ordinances affected the homeowners more than condominium residents. Mayor Abramowitz said after the meeting, the City Council should review their calendars to see when a Workshop meeting could be held on these Ordinances. 1 1 Page 6 3/26/90-pw With no further business, Mayor Abramowitz ADJOURNED this meeting at 11:20 A.M. 1 1 /' I .., N RMAN AHRAM_. OWiT , MAYOR CXROL A. EVANS, d-I TY CLERK "This public document was promulgated at a cost of $38.04 or $4.67 per copy to inform the general public, public officers and employees of recent opinions and considerations of the City Council of the City of Tamarac." CITY OF TAMARAC APPROVED AT MEETING OF City Clerk Page 7 3/26/90-pw